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An Act To Improve Care Coordination for Persons with Mental Illness
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1711-C, sub-§6, ¶A, as amended by PL 2011, c. 347, §6, is further amended to read:
 
A. To another health care practitioner or facility for diagnosis, treatment or care of individuals or to complete the responsibilities of a health care practitioner or facility that provided diagnosis, treatment or care of individuals, as provided in this paragraph.
 
(1) For a disclosure within the office, practice or organizational affiliate of the health care practitioner or facility, no authorization is required.
 
(2) For a disclosure outside of the office, practice or organizational affiliate of the health care practitioner or facility, authorization is not required, except that in nonemergency circumstances authorization is required for health care information derived from mental health services provided by:
 
(a) A clinical nurse specialist licensed under the provisions of Title 32, chapter 31;
 
(b) A psychologist licensed under the provisions of Title 32, chapter 56;
 
(c) A social worker licensed under the provisions of Title 32, chapter 83;
 
(d) A counseling professional licensed under the provisions of Title 32, chapter 119; or
 
(e) A physician specializing in psychiatry licensed under the provisions of Title 32, chapter 36 or 48.
 
This subparagraph does not prohibit the disclosure of health care information between a licensed pharmacist and a health care practitioner or facility providing mental health services for the purpose of dispensing medication to an individual.
 
This subparagraph does not prohibit the disclosure without authorization of health care information covered under this section to a state-designated statewide health information exchange that satisfies the requirement in subsection 18, paragraph C of providing a general opt-out provision to an individual at all times and that provides and maintains an individual protection mechanism by which an individual may choose to opt in to allow the state-designated statewide health information exchange to disclose that individual's health care information covered under Title 34-B, section 1207;.
 
This subparagraph does not prohibit the disclosure without authorization of health care information covered under this section, including health care information derived from mental health services provided by persons described in divisions (a) to (e), to another health care practitioner or facility or to a payor or person engaged in the payment for health care under a public program for the payment of health care for purposes of care management and coordination of care;
Sec. 2. 34-B MRSA §1207, sub-§1, ¶B, as repealed and replaced by PL 2009, c. 415, Pt. A, §20, is amended to read:
 
B. Information may be disclosed if necessary to carry out the statutory functions of the department; the hospitalization provisions of chapter 3, subchapter 4; the provisions of section 1931; the purposes of sections 3607-A and 3608; the purposes of Title 5, section 19506; the purposes of United States Public Law 99-319, dealing with the investigatory function of the independent agency designated with advocacy and investigatory functions under United States Public Law 88-164, Title I, Part C or United States Public Law 99-319; or the investigation and hearing pursuant to Title 15, section 393, subsection 4-A; or purposes of care management and coordination of care under Title 22, section 1711-C, subsection 6, paragraph A;
 
SUMMARY
This bill provides an exception to the health care information confidentiality laws that protect mental health information for the purposes of care management and coordination of care.